Squatters

Page 2 of 9

When can I apply for an interim possession order?

You can apply for an interim possession order if you find that your premises have been occupied by a person (or people) without your consent and you can meet a number of other requirements.

What are those other requirements?

The other requirements are that the premises being occupied are:

• a building; or
• part of a building, that is a self contained room or flat within it; or
• the land ancillary to a building.
  The procedure does not apply to open land.
  and that:
• you have an immediate right to possession of the premises being occupied;
• your right has existed for the whole of the time the premises have been occupied illegally;
• you are making your claim for possession within 28 days of the date on which you first knew your premises were being occupied without your consent;
  If your premises were occupied for a time before you became aware of it, the judge will consider whether you should have known about it sooner than you did.
• the defendants are not people who have been given a right to occupy the premises by a legal tenant or lessee; and
• you are only making a claim for possession against squatters for the recovery of the premises.

The effects of an interim possession order are serious. Because of this, the court will be concerned to protect the defendant's interests if the order is later set aside following a successful objection to it.

You will be asked to say whether or not you are prepared to give certain promises to the court (called 'undertakings') which do this. You will have to indicate whether you have given, or you are prepared to give, the following undertakings:

• to allow the defendant back into the premises and pay them damages if an interim possession order is made and the court later decides you were not entitled to the order; and
• not to let the premises to anyone else or damage them, or dispose of any of the defendant's possessions until the court makes a final decision on your right to possession.

It it not a requirement that you must give these undertakings, but the court will take into account your willingness to do so when deciding whether or not to grant you an interim possession order.